ST MARTHAS HOSPITAL Vs. BUDDHARAM

JUDGEMENT

(1.) -FOR the sake of convenience, the parties in this order are referred to according to their position in the complaint filed before the District Forum.

(2.) APPEAL No. 427/2007 is by opposite party No. 1 (for short, "o. P. 1") and Appeal No. 431/2007 is by O. P. 2 challenging the order dated 31. 1. 2007 passed by the District Consumer Forum, Bangalore Urban IV Additional, in Complaint No. 1981/2006 by which the District Forum has allowed the complaint of the complainant.

(3.) THE case of the complainant is that he got admitted to O. P. 1 Hospital for a treatment in respect of multiple injuries suffered by him in an accident occurred on 8. 6. 2004. The Doctors in O. P. 1 Hospital conducted the surgery on 14. 6. 2004. Thereafter, since the complainant continued to feel pain in the operated area, he again approached O. P. 1 Hospital and got admitted on 5. 7. 2004. The Doctors in O. P. 1 Hospital after examining the patient conducted the second operation on 8. 7. 2004. After the second operation, according to the complainant, pus was formed since the Doctors in O. P.-1 Hospital did not take proper care to remove the pus and the screws which were left out in the left leg during the second operation. This has made the complainant to go to Kamala Nursing Home and Orthopaedic Centre and got a third operation done. Thereafter, the complainant after obtaining the wound certificate issued by O. P. 1 Hospital filed the complaint before the District Forum alleging "negligence" on the part of the Doctors who conducted the surgery in O. P. 1 Hospital.